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Cheque Dishonor | If Accused Pleads Non-Service of Notice Under Section 138 NI Act, Burden Lies on Complainant to Prove Knowledge: Kerala High Court

31 Jul 2025 3 min read
Cheque Dishonor | If Accused Pleads Non-Service of Notice Under Section 138 NI Act, Burden Lies on Complainant to Prove Knowledge: Kerala High Court

The Kerala High Court recently set aside the conviction of an accused in a cheque dishonour case, holding that a statutory notice under Section 138(b), Negotiable Instruments Act, 1881 must be served directly to the accused or, at the very least, there must be proof that the accused was aware of the notice received by someone else. In this case, the notice was received by a woman named Amina, alleged…

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